Section 66(A) Of The Information Technology Act Creates Controversy

In the wake of recent events in Maharashtra and the Apex court’s intervention, the Government has issued new guidelines to the states that an officer not below the rank of DCP will decide on filing of cases under section 66A of IT Act. The guidelines have come in the wake of alleged misuse of the section in recent few cases.

The decision came after the Communications & IT Minister Kapil Sibal’s meeting with civil society activists for Internet freedom who had sought clarifications on the definition of section 66A of the IT Act.

According to the new guidelines, police officers at the level of IGP or DCP will have to give prior approval for registration of cases relating to 66 A of the IT Act. The senior officer will also decide whether a complaint needs to be registered under this section or not.

Recently two girls from Palghar, in Maharasthra were arrested citing section 66A of the Act.

Apex Court’s Intervention

The Supreme Court on November 29, 2012 observed that the country was outraged when two young women were arrested in Mumbai recently for posting comments in social networking websites, and decided to examine the constitutional validity of Section 66A of the Information Technology Act.

A Bench comprising Chief Justice Altamas Kabir and Justice J. Chelameswar was responding to a PIL (Public Interest Litigation) filed by 21-year old Delhi-based girl Shreya Singhal. In her PIL, she challenged the constitutional validity of section 66A of the IT Act. PIL filed by said recent events had had a chilling effect on her and crores of other Internet users.

The petitioner contended that the Section was so wide and vague and incapable of being judged on objective standards that it was susceptible to wanton abuse. Contending that it was violative of freedom of speech and expression guaranteed by Article 19 (1) (a) of the Constitution, she wanted it declared unconstitutional, and an interim stay on its operation.

The apex court has sought the government’s view on the act. Presently, the matter is pending with the court.

What Is Section 66 A?

Section 66A of the Information Technology Act, 2000, was inserted vide the Information Technology Amendment Act of December 2008.  This section states:

Any person who sends, by means of a computer resources or a communication device,

1. Any information that is grossly offensive or has menacing character, or
2. Any information which he knows to be false, but for the purpose of causing annoyance, inconvenience, danger, obstruction, insult, inquiry, criminal intimidation, enmity, hatred or it will, persistently by making use of such computer resource or a communication device; or
3. Any electronic mail or electronic mail or electronic mail message for the purpose of causing annoyance or inconvenience or to deceive or to insult the addressee or recipient about the origin of such message, shall be punishable with imprisonment for a term which may extend to three years and with fine.

Explanation: For the purpose of this section, terms “electronic mail” and “electronic mail message” means a message or information created or transmitted or received on a computer, computer system, computer resource or communication device including attachments in text, image, audio, video and any other electronic record, which may be transmitted with the message.

POCSO Act – Providing Child-Friendly Judicial Process

India is home to the largest child population in the world, with almost 42 per cent of the total population under eighteen years of age. Needless to say, the health and security of the country’s children is integral to any vision for its progress and development.

One of the issues marring this vision for the country’s future generations is the evil of child sexual abuse. Statistics released by the National Crime Records Bureau reveal that there has been a steady increase in sexual crimes against children.

According to a study conducted by the Ministry of Women and Child Development in 2007, over half of the children surveyed reported having faced some form of sexual abuse, with their suffering exacerbated by the lack of specific legislation to provide remedies for these crimes.

While rape is considered a serious offence under the Indian Penal Code, the law was deficient in recognising and punishing other sexual offences, such as sexual harassment, stalking, and child pornography, for which prosecutors had to rely on imprecise provisions such as “outraging the modesty of a woman”.

The Ministry of Women and Child Development, recognising that the problem of child sexual abuse needs to be addressed through less ambiguous and more stringent legal provisions, championed the introduction of a specific law to address this offence. The POCSO Act was therefore formulated in order to effectively address the heinous crimes of sexual abuse and sexual exploitation of children.

Centre Notifies New Copyright Rules 2013

The Copyright Rules, 2013 has been notified by the Copyright Division, Department of Higher Education, Ministry of Human Resource Development on 14th March, 2013. The amendments to the existing provisions of the Copyright Act, 1957 and introduction of new provisions under the Copyright(Amendment) Act, 2012, which came into the force on 21st June, 2012, necessitated amendments to the Copyright Rules, 1958. The draft Rules were posted on the website of the Copyright Office on 28th August, 2012 seeking comments of all stakeholders and experts giving a deadline of 20th September, 2012. The Ministry also held a meeting with various stakeholders and copyright experts on 8th October, 2012 to seek their suggestions on the draft rules.

The Copyright Rules, 2013 provide new rules for statutory licence for cover versions and broadcasting of literary and musical works and sound recording; compulsory licences for works withheld from public, unpublished and published works, for benefit of disabled; registration of Copyright Societies and Performer’s Right Societies; storage of transient or incidental copies of woks; making or adapting the work by organisations working for the benefit of persons with disabilities; importation of infringing copies and technological protection measures.

The fee for registration of copyright for various works and fee for licences to be issued by register of Copyrights under the directions/orders of the Copyright Board have been increased under the Copyright Rules, 2013. The minimum fee has been increased for registration from Rs. 50/- per work to Rs. 500/- per work and the maximum fee has been increased from Rs. 600/- per work to Rs. 5,000/-. The fee for licences has been increased from Rs. 200/- to Rs. 2000/- per work and the maximum fee has been increased from Rs. 400/- to Rs. 40,000/-. The new fee structure provided under Second Schedule of the Rules is applicable from the date of coming into force of the Copyright Rules, 2013 that is 14th March, 2013. A copy of the same has been made available on the website of the Copyright Office.

Clinical Establishments (Registration and Regulation) Act, 2010

The Clinical Establishments (Registration and Regulation) Act, 2010 has been enacted by the Central Government to provide for registration and regulation of all clinical establishments in the country with a view to prescribing the minimum standards of facilities and services provided by them. The Act has taken effect in the four states namely, Arunachal Pradesh, Himachal Pradesh, Mizoram, Sikkim, and all Union Territories since 1st March, 2012 vide Gazette notification dated 28th February, 2012. The states of Uttar Pradesh, Rajasthan and Jharkhand have adopted the Act under clause (1) of article 252 of the Constitution.

The Government has notified the National Council for Clinical Establishments and the Clinical Establishments( Central Government) Rules, 2012  under this Act vide Gazette notifications dated 19th March, 2012 and 23rd May, 2012 respectively.

The Act is applicable to all kinds of clinical establishments from the public and private sectors, of all recognized systems of medicine including single doctor clinics. The only exception will be establishments run by the Armed forces.

Definition Of Clinical Establishment

“Clinical establishment” is defined as hospitals and clinics and similar facilities that offer treatment for illness in any recognised system of medicine (allopathy, yoga, naturopathy, ayurveda, homoeopathy, siddha and unani). It also includes any laboratory which offers pathological, chemical and other diagnostic services. An establishment can be owned by the government, a trust, and a single doctor establishment. The Bill does not apply to any clinical establishment owned or managed by the Armed Forces.

Salient Features

• The Act mandates the Centre to establish a National Council of Clinical Establishments to (a) determine the minimum standards of health care by a clinical establishment; (b) classify them into categories; and (c) maintain a national register of clinical establishments
• Every clinical establishment has to be registered to admit patients for providing treatment
• National Register to be compiled within two years from the date of commencement of the law
• The register to determine the first set of standards for clinical establishments
• Every state government shall establish a State/Union Territory Council for clinical establishments
• The state government shall set up a district registering authority for registering clinical establishments at district level
• The central government to notify standards for each type of clinical establishment

The Civil Liability For Nuclear Damage Act, 2010

Current Status: Rules, the Civil Liability For Nuclear Damage Bill 2010 was passed by the Lok Sabha on August 25, 2010 and the Rajya Sabha on August 30, 2010.

Ministry: Dept. of Atomic Energy

The Civil Liability for Nuclear Damage Act that was passed by the Parliament in August 2010 limits the liability of the operator in case of a nuclear incident. It secures the operator the right to recourse under certain circumstances. The Act also provides a mechanism to compensate victims of nuclear damage. The Civil Liability for Nuclear Damage Rules were notified under the Act on November 11, 2011. The Rules stipulate certain mandatory clauses for contracts that secure the operator the right to recourse. They also prescribe the procedure to provide compensation to victims in case of nuclear incidents.

Salient Features

• The Rules were notified under the Civil Liability for Nuclear Damage Act, 2010 on November 11, 2011
• The Rules specify conditions for the operator to seek recourse against the supplier when the right to recourse is provided under a contract
• The Act specifies three circumstances under which the operator can seek recourse
• The Rules specifically relate to the operator’s right to recourse under a contract under Section 17(a)
• The right to recourse can be exercised either during the ‘initial license period’ under the Atomic Energy (Radiation Protection) Rules, 2004, or the product liability period, whichever is longer
• The procedures prescribed to transfer compensation to the claimant differ on the basis of the claimant’s gender, literacy level and disability

The Energy Conservation (Amendment) Act, 2010

Current Status: The Energy Conservation (Amendment) Bill, 2010 was passed by the Lok Sabha on May 4, 2010 and the Rajya Sabha on August 17, 2010

Ministry: Power

Considering the vast potential of energy savings and benefits of energy efficiency, the Government of India enacted the Energy Conservation Act, 2001 (52 of 2001). The Act provides for the legal framework, institutional arrangement and a regulatory mechanism at the Central and State level to embark upon energy efficiency drive in the country. Five major provisions of EC Act relate to Designated Consumers, Standard and Labelling of Appliances, Energy Conservation Building Codes, Creation of Institutional Set up (BEE) and Establishment of Energy Conservation Fund.

The Energy Conservation Act became effective from 1st March, 2002 and Bureau of Energy Efficiency (BEE) operationalized from 1st March, 2002. Energy efficiency institutional practices and programs in India are now mainly being guided through various voluntary and mandatory provisions of the Energy Conservation Act.

The EC Act was amended in 2010 and the main amendments of the Act are given below:

Main Amendments

• The Central Government may issue the energy savings certificate to the designated consumer whose energy consumption is less than the prescribed norms and standards in accordance with the procedure as may be prescribed
• The designated consumer whose energy consumption is more than the prescribed norms and standards shall be entitled to purchase the energy savings certificate to comply with the prescribed norms and standards
• The Central Government may, in consultation with the Bureau, prescribe the value of per metric ton of oil equivalent of energy consumed
• Under the original Act, the government could specify energy conservation building codes for commercial buildings with a connected load of more than 500 kW or contract demand of 600 kVA. The amendment broadens the range of commercial buildings to which such building codes apply to those with a connected load of more than 100 kW, or contracted demand of more than 120 kVA
• The amendment increases the penalty specified for offences committed under the original Act. Each offence shall attract a penalty of Rs 10 lakh (Rs 10,000 earlier), with an additional penalty of Rs 10,000 for each day that the offence remains (Rs 1000 earlier). The additional penalty, for those industries who consume energy in excess of norms, will be the value of the excess energy consumed.
• The original act provided for the setting up of an Appellate Tribunal for Energy Conservation, which would hear appeals against orders of the central or state government. The amendment does away with this provision and provides for appeals against such orders to be heard by the appellate tribunal established under the Electricity Act, 2003

The National Green Tribunal Act, 2009

Current Status: The National Green Tribunal Bill, 2009 was passed by the Lok Sabha on April 30, 2010 and the Rajya Sabha on May 5, 2010

Ministry: Environment and Forests

The National Green Tribunal Act 2010 was approved by the President of India on June 2, 2010. It provides for establishment of National Green Tribunal- a special fast-track court for speedy disposal of environment-related civil cases.

An Act to provide for the establishment of a National Green Tribunal for the effective and expeditious disposal of cases relating to environmental protection and conservation of forests and other natural resources including enforcement of any legal right relating to environment and giving relief and compensation for damages to persons and property and for matters connected therewith or incidental thereto.

Salient Features

• The Act aims to set up specialised environmental courts in the country
• The National Green Tribunal (NGT) has replaced the existing National Environmental Appellate Authority (NEAA) and has wider jurisdiction than the NEAA.
• NGT has been empowered to hear initial complaints as well as appeals from decisions of authorities under various environmental laws.

National Green Tribunal (NGT)

The National Green Tribunal has been established on 18.10.2010 under the National Green Tribunal Act 2010 for effective and expeditious disposal of cases relating to environmental protection and conservation of forests and other natural resources including enforcement of any legal right relating to environment and giving relief and compensation for damages to persons and property and for matters connected therewith or incidental thereto. It is a specialized body equipped with the necessary expertise to handle environmental disputes involving multi-disciplinary issues. The Tribunal shall not be bound by the procedure laid down under the Code of Civil Procedure, 1908, but shall be guided by principles of natural justice.

The Tribunal’s dedicated jurisdiction in environmental matters shall provide speedy environmental justice and help reduce the burden of litigation in the higher courts. The Tribunal is mandated to make and endeavour for disposal of applications or appeals finally within 6 months of filing of the same. Initially, the NGT is proposed to be set up at five places of sittings and will follow circuit procedure for making itself more accessible. New Delhi is the Principal Place of Sitting of the Tribunal and Bhopal, Pune, Kolkata and Chennai shall be the other four place of sitting of the Tribunal.